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HomeMy WebLinkAboutO-1993-1887 renew juvenile day/night curfew 7/8 . .-------- .-" ----- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Julv 26. 2010 Appropriation Requested By: Ken Adroy Source of Funds: Department: PQIi~e Account Number: Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Public Hearing Notice Amount Requested: Exhibits: City Ordinance Article III Curfew for Juveniles Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION In accordance with Section 370.002 of the Texas Local Government Code, Review of Juvenile Curfew Order of Ordinance, the City of La Porte is required to hold a Public Hearing concerning the ordinance every third year, beginning the year of its adoption. There are three possible actions that may take place after the Public Hearing: 1. Continue the Ordinance as written. 2. Abolish the Ordinance. 3. Modify the Ordinance. In the event there are some modifications to be made, the modified ordinance will be drawn up and brought before Council on August 9, 2010 for approval. Ordinance # 93-1887 has been in effect since 1993. Section 42-73 prohibits any minor under the age of 18 to be out between the hours of 12 Midnight and 6 a.m. on any day of the week, and between the hours of 9 a.m. and 2:30 p.m. on any school day. Staff recommends continuance of Ordinance # 93-1887 as written. Action Required bv Council: d hold Public Hearing, allowing public input, relating to the City of La Porte's Juvenile Curfew and determine what action, if any, should be taken regarding the ordinance. 7 /l.l-/O Date THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with sec 370.002 of the Texas Local Govt. Code, Review of Juvenile Curfew Order or Ordinance, notice is hereby given that the City of La Porte will conduct a Public Hearing at 6:00 p.m. on the 26th day of July, 2010, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to review the Juvenile Curfew Ordinance and determine to continue the Ordinance as it is written, abolish the Ordinance, or modify the Ordinance. Citizens wishing to address Council pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE / n /j'~ () Ii ---1. '-L . J1ft LJ::-/[;t)-(jl_-- /U'CYU C (J/t. ~O OJ 0' Martha Gillett City Secretary '1, jf).. JO /0 posted /;}.' 5:r Pi&L This facility has disability accommodations available. Requests for interpretive services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281)471-5020 or TDD Line (281) 471-5030 for further information. . . ORDIBUCB RO. '3- ~7 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY ADDING A NEW ARTICLE IV TO CHAPTER 13, RELATING TO THE ESTABLISHMENT OF A DAYTIME AND NIGHT TIME JUVENILE CURFEW; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE FOREGOING SUBJECT; DECLARING CERTAIN CONDUCT TO BE UNLAWFUL AND PROVIDING PENALTIES THEREFOR; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council has determined that there has been an increase in juvenile violence, juvenile gang activity and an increase in crime by persons under the age of eighteen in the City of La Porte; and WHEREAS, persons under the age of eighteen are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime; and WHEREAS, the City of La Porte has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control of and responsibility for their children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities; and WHEREAS, a curfew for those under eighteen years of age will be in the interest of the public health, safety, and general welfare, and will help to attain the foregoing Objectives and to diminish the undesirable impact of such conduct on the citizens of the City of La Porte; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SectioD 1. That the findings contained in the preamble to this Ordinance are determined to be true and correct and are hereby adopted as part of this Ordinance. sectioD 2. That Chapter 13 of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding a new Article IV, which shall read as follows: . . ORDXKARCB BO. '3-1887 PAGB 2 "ARTICLE IV. JUVENILE CURFEW. Sec. 13.51. Definitions. The following words, terms and phrases when used in this Article shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning: Emeraency shall mean an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term shall include but not be limited to a fire, natural disaster, vehicular accident, or a serious medical condition of sudden onset. Guardian shall mean the person who, under a court order, is the guardian of the person of a minor or the public or private agency with' whom a minor has been placed by a court. Minor shall mean any person under eighteen (18) years of age. Parent shall mean the natural mother or father or adoptive mother or father of a minor. Public Dlace means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartments, houses, office buildings, transport facilities, and shops. Sec. 13.52 Offenses. (a) It shall be unlawful for any minor to knowingly remain, walk, run, stand, drive or ride about, in or upon any public place in the City: 1. between the hours of twelve o'clock at night (midnight) and 6:00 o'clock a.m. on any day of the week; or 2. between the hours of 9:00 o'clock a.m. and 2:30 o'clock p.m. on any day on which classes are in session in the La Porte Independent School District. (b) It shall be unlawful for the parent or guardian having legal custody of a minor to knowingly allow or permit the minor to be in violation of the curfew imposed in Sec. 13.52(a) of this Code. Sec. 13.53 It is that: (a) (b) (c) (d) Defenses. a defense to prosecution under Sec. 13.52 of this Code The minor was accompanied by his or her parent or guardian; The minor was accompanied by an adult designated by his or her parent or guardian; The minor was on an errand made necessary by an emergency; The minor was attending a school, religious, or government-sponsored acti vi ty or was traveling to or from . e ORDl:HAlfCB 1l0. 93-1887 PAGB 3 (f) (g) (h) (i) (j) (k) (e) a school, religious, or government-sponsored activity; The minor was engaged in a lawful employment activity or was going directly to or coming directly from lawful employment; The minor was on the sidewalk of the place where he or she resides; The minor was on an errand directed by his or her parent or guardian; The minor was in a motor vehicle involved in intrastate or interstate transportation; The minor was engaged in, participating in, or traveling to or from any event, function or activity for which the application of section 13.52 of this Code would contravene his or her rights protected by the Texas or United states Constitutions; The minor was married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code; or with respect to the hours between 9:00 o'clock a.m. and 2:30 o'clock p.m. only, that the offense occurred during the school summer vacation break period of the school in which the minor is enrolled or on a holiday observed by the closure of classes in the school in which the minor is enrolled or that the minor has graduated from high school or received a high school equivalency certificate. Sec. 13.54 Supplemental effect. The provisions of this article are supplemental and shall be cumulative with all other laws and ordinances applicable in any manner to juveniles. Sec. 13.55 Enforcement Notwithstanding the penal effect of this article the chief of police is encouraged to develop alternative enforcement strategies, which may include but need not be limited to the return of minors to their residences or schools, counseling with minors and their parents or guardians, the issuances of warning citations to minors or their parents or guardians, or the referral of instances that appear to also involve the violation of school attendance laws to those officers who are responsible for the enforcement of those laws. The enforcement strategies shall be promulgated in writing to members of the police department so that this article may be enforced in a uniform manner." section 3. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining . e ORDXNANCB BO. 93- 1887 PAGB .. portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. sectioD ... All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the sUbject matter covered by this ordinance. Sec. 13.9 of the Code of Ordinances of the City of La Porte is expressly repealed. SectioD 5. Any person who violates a provision of this ordinance, upon conviction in the municipal court of the City of La Porte, shall be subject to a fine not to exceed two hundred dollars ($200.00) for each offense. sectioD I. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the Ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised . e ORD:IIIAlICB 110. 93-.l.8.8..1 PAGB 5 Civil statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 7. This Ordinance shall be effective from and after its passage and approval, and publication of its caption as provided by law. PASSED AND APPROVED, this q~day of February, 1993. By: AT'rE7!~~ Cherl.e Black City Secretary a;~~ Knox w. Askins City Attorney